Did You Submit to a Breath Test as a Result of a DUI Arrest in Atlanta GA?
If you are arrested in the State of Georgia for DUI, Georgia law requires you to submit to chemical testing of your breath, blood, or urine to determine the presence of alcohol or drugs. Because of the ease of testing with immediate results and the lesser expense involved, breath testing is the most commonly requested test in Atlanta, Georgia. Blood testing takes both the time of the arresting officer as well as the time and efforts of the Georgia Crime Lab. If the case goes to trial, it is far easier to admit into evidence a breath test, rather than call to court the scientist at the crime lab that tested the suspected DUI Driver's blood of urine. Your Atlanta DUI Lawyer can help be seeing if the breath test was administered properly.
If you consent to take the State breath test, Georgia law requires you to provide two sequential breath samples, and the officer cannot demand more than two breath samples if both are valid. If you are only able to provide one adequate breath sample, with the second showing as “insufficient,” the State can use the one valid sample as evidence, but the officer can request additional samples to be taken. The results of the Georgia Breath Test must be within 0.020 grams percent of each other and within three hours of driving, otherwise the results are inadmissible at trial because the reliability of the breath testing device can be called into question if the readings are outside of those parameters. Your DUI Lawyer in Atlanta can determine if the test is your case is admissible into to evidence in your case.
Before providing a breath sample, the officer must have observed you directly and continuously for a minimum period of 20 minutes. The purpose of this is to eliminate any possible residual mouth alcohol that could potentially affect the test results. Even items that do not contain alcohol may cause the machine to report the detection of alcohol. Smokeless tobacco, denture adhesive, mints, lip balm, and blood can all cause higher readings if present in your mouth during testing. Unfortunately some Georgia Judges and Prosecutors ignore the 20 minute observation altogether or say that failure to observe the warning goes to the weight of the evidence for the jury to decide, not admissibility of the test itself. Your Atlanta DUI Attorney will argue that the test is not admissible, or if admissible that the test should be ignored by the jury.
Many medical conditions can cause the testing device to return false positive readings. If you suffer from gastric reflux, regurgitation could raise the level of mouth alcohol present within 20 minutes of submitting to a breath test. Sometimes a physical limitation or medical condition can even make it more difficult for you to submit to a breath test. Asthma and emphysema are common conditions that can make it difficult to breathe and difficult to provide an adequate breath sample on the testing device. Proof of these conditions can be a solid defense to your inability to provide a breath test result. Your DUI Attorney in Atlanta uses this type of defense at the trial of your case. These defenses usually require the testimony of an expert witness.
The testing device used for breath tests in DUI cases in Atlanta, GA, is the Intoxilyzer 5000. There are certain procedures for using this device and all officers who operate the device must go through certain training to do so. There are also certain maintenance requirements to ensure that the machine works properly and provides reliable and accurate results. An Atlanta Georgia DUI Attorney will be knowledgeable about these requirements and will conduct a full investigation to determine whether the machine used in your case had a properly dedicated power source, the operator was properly trained and certified to use the machine, that the mandatory pre-tests were conducted, and whether the machine had been properly serviced on a quarterly basis. That is why it's so important to hire an Atlanta Georgia DUI Lawyer as soon as possible.
If you have been arrested for DUI in Atlanta Georgia, contact us 24 hours a day, 7 days a week. This included nights and weekends. It includes holidays as well because your problems should not have to wait for Monday morning. Call now to protect your right to drive. You only have 10 days to protect your right to drive.
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